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Inspection. Customer acknowledges that Customer has examined the equipment completely (all parts, manuals and instructions), as fully as Customer desired, and Customer finds it suitable for Customer’s needs and in good condition, and that Customer understands its proper duty to inspect the equipment prior to use and notify Dealer of any defects.
Replacement of Malfunctioning Equipment. If the equipment becomes unsafe or in disrepair as a result of normal use, Customer agrees to discontinue use and notify Dealer who will replace the equipment with similar equipment in good working order, if available. Dealer is not responsible for any incidental or consequential damages caused by delays or otherwise.
Disclaimer of warranties. There are no warranties of merchantability or fitness, either express or implied. There are no warranties that the equipment is suited for customer’s intended use, or that it is free from defects. There are no warranties which extend beyond the description of the face hereof. The equipment is being rented “as is”, “where is,” and “with all faults.”
Hold Harmless Agreement. Customer agrees to assume the risks of, and hold Dealer harmless for, property damage and personal injuries caused by the equipment and/ or arising out of Dealer’s negligence.
Prohibited Uses. Use of the equipment in the following circumstances is prohibited, and constitutes a breach of this contract.
- Use for illegal purpose or in illegal manner.
- Use when the equipment is in bad repair or is unsafe.
- Improper, unintended use or misuse
- Use by anyone other than Customer or his employees, without Dealer’s written permission.
- Use at any location other than the address furnished Dealer without Dealer’s written permission. (Does not apply to mobile equipment.)
Assignments, Subleases and Loans of Equipment. Dealer may assign his rights under this contract without Customer’s consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Dealer’s written permission. Any purported assignment by Customer is void.
Time or Return. Customer’s right to possession terminates on the expiration of the rental period (“Due in” date & time) and retention of possession after this time constitutes a material breach of this contract. Time is the essence of this contract. Any extension must be mutually agreed upon in writing.
Late Return. Customer agrees to return the rented goods during Dealer’s regular store hours, upon expiration of the rental period (“Due in” date and time). Customer agrees that if the rented goods are held beyond the expiration of the rental period (“Due in” date and time) as designated in the contract, the daily rate as indicated on the contract shall be the agreed contractual rate for the entire period, notwithstanding any lesser periodic rate.
Dirty, Damaged or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, as an insurer, regardless of cause, except reasonable wear and tear, while the goods are out of the possession of the Dealer, Customer also agrees to pay a reasonable cleaning charge for equipment returned dirty. Accrued rental charges cannot be applied against the purchase or cost of repair of damaged, lost or stolen goods. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price. The cost of repairs will be borne by the Customer, whether performed by the Dealer, or, at the Dealer’s option, by others.
Time of Payment. Accounts are due and payable in Randall County, Texas, at the termination of the rental period. Any amount not paid when due shall bear interest at the highest contract rate of interest the Dealer may charge Customer under applicable law, compounded daily.
Suit and Collection Costs. Customer agrees that any suit on or by reason of Customer’s obligation under this contact may be brought against him in Randall County, Texas where performance is to occur. Customer agrees to pay all reasonable collection, attorneys’ and court fees and other expenses involved in the collection of the charges or enforcement of Dealer’s rights under this contract.
Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods.
Inspection of the Trailer Hitch. Customer agrees to inspect the trailer coupling mechanism and safety chain before leaving Dealer’s premises. Customer also agrees to inspect the equipment periodically (every 100 miles) and to maintain the coupling and chain in a safe and secure condition.
Damage to Bumpers. Dealer is not liable for damage to Customer’s bumper or automobile done by detachable hitches, towbars, or other detachable equipment.
Repair Maintenance Charge (DW). If Customer accepts DW, Dealer agrees to waive any claim against Customer for Accidental Damage to equipment rented under this contract. DW does NOT cover Vandalism, Theft or Mysterious Disappearance, DW is not insurance.
Severability. The provisions of this contract shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions.
Indemnification. Customer agrees to indemnify and save harmless Dealer, its agents and employees, from and against any and all suits, actions, claims, demands, attorneys’ fees, and losses of whatsoever kind, and from all liability and damages for any and all injuries or damages (including without limitation personal injury, wrongful death and property damages) sustained by any person or property in consequence of any neglect in the performance, design construction, maintenance, or operation by Customer, Customer’s agent’s and employees, of any equipment rented from Dealer even if any or all of the suits, action, claim, demand, attorneys’ fees, losses of whatsoever kind, liability, or damages are caused in whole or in part by Dealer’s own negligence buy in no event shall Customer indemnify Dealer as to liability caused by Dealer’s willful misconduct.
Customer Warrants. Customer represents and warrants all of its agents and/or employees have received the appropriate training and safety instructions for the equipment being rented from Dealer. Further, Customer waives any and all claims and agrees to release and indemnify Dealer for any and all claims from all persons including third parties relating to it arising out of the rental or use of equipment rented from Dealer including but not limited to: property damage, personal injury, and death.
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